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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.06.05 2019노1075
화장품법위반
Text

All appeals by the Defendants are dismissed.

Reasons

. Legal application agency should be specifically determined.

(2) In light of the above legal principles, the above criteria should be taken into consideration in determining whether the defendants' advertisements constitute "an indication or advertisement likely to mislead consumers into thinking they are medicines" (see, e.g., Supreme Court Decisions 2005Do844, Nov. 24, 2006; 2007Do3831, Sept. 6, 2007; 2015Do6207, Jul. 9, 2015). In light of the above legal principles, the above criteria should be taken into consideration in determining whether the defendants' advertisements constitute "an indication or advertisement likely to mislead consumers into thinking they are medicines" (see, e.g., Supreme Court Decisions 2005Do844, Nov. 24, 2006; 2007Do3831, Sept. 6, 2007; 2015Do6207, Jul. 9, 2015).

B. Article 2 Subparag. 10 of the Enforcement Rule of the Cosmetics Act includes “cosmetics that assist in relaxing the building, etc. caused by the Atopy skin” in the scope of functional cosmetics. However, the promotional writing posted by the Defendants is likely to mislead the Defendants into advertising the efficacy effect as a medicine based on the average perception of the general public, by simply relaxing the building, etc. caused by the Atopy skin, and by relaxing the fear of fear arising from the Atopy skin, and by precluding the physical disability caused by the Atopy skin, it is reasonable to mislead the Defendants into advertising the efficacy effect as a medicine based on the average perception of the general public.

(c).

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